Category: IRS

Of Course the IRS Had a Reason for Raiding Your Home

Earlier in the week we mentioned an Indiana man who was suing the Feds for wrongful death because his wife committed suicide after an IRS raid.

Well, it turns out that the raid wasn’t a training exercise.

A Huntertown man who federal authorities say earned more than $1.7 million in assets but did not report the earnings on income tax filings has been charged in a 23-count indictment by a federal grand jury seated in South Bend.

James A. Simon, 59, faces charges of filing false federal income tax returns, failure to file reports of foreign bank and financial accounts, fraud involving private financial aid, and fraud involving federal financial aid, all for an alleged scheme that ran 2003-2006.

Through involvement with five separate businesses – foreign and domestic – Simon is alleged to have not reported funds obtained as earned income, but instead claimed monies as nontaxable loans and advances.

Simon spent all but about $50,000, the indictment alleges.

The wife might be better off.

IRS strikes back in 23-count indictment for Huntertown man [Fort Wayne News-Sentinel]

Free Ice Cream Outside the IRS Building Should Briefly Distract Any Protesters

Just when you thought things couldn’t get more exciting in the world of overeating, Dairy Queen has announced that it will be handing out free ice cream in front of the IRS Building in DC tomorrow at 10th St. and Pennsylvania Ave. NW.

According to the Washington Business Journal, the Blizzardmobile will be parked outside and mini blizzards will handed out to “taxpayers and accountants” (why didn’t they just say “everyone”?).


This momentous occasion not only marks the end of the traditional return filing season but it is also marking the Blizzard’s 25th birthday. This might, just might, cajole some Tea Partiers to leave their homes as opposed to marching on the Internet (especially since there doesn’t appear to be a limit per taxpayer/accountant).

However! The window of opportunity is short and you’ll only have from noon to 1 pm to get your miniature cup of refined sugary goodness. One might think that since Doug Shulman might be anti-pizza that he also might have something against blended ice cream confections. But on the other hand, Warren Buffet didn’t get filthy rich by giving away crackalicious deserts for free now, did he?

Free ice cream outside IRS building [Washington Business Journal]

Man Blames IRS Raid for Wife’s Suicide

The widower of a woman who committed suicide three days after ten armed IRS agents raided their home in 2007 is suing the U.S. Government.

Federal court papers say Fort Wayne resident Denise Simon left behind a note stating she could not “live in terror of being accused of things I did not do.”

The lawsuit filed by James Simon in U.S. District Court in Fort Wayne says Denise Simon and her 10-year-old daughter were the only ones home when about 10 armed IRS agents raided their residence on Nov. 6, 2007.

The suit also alleges IRS agents made misleading statements to obtain a search warrant.

Pre-tay sure this is the last thing the Service needs to be associated with. The IRS didn’t immediately return our call seeking comment. An IRS spokeswoman got back to us but due to federal disclosures laws, the IRS not permitted to discuss a specific taxpayer case.

Ind. man blames IRS for wife killing herself 3 days after agents raided their home [Fox 59 WXIN]

IRS Agent Who Threw Temper Tantrum Faces 55 Years for Threatening Treasury Agents, Filing False Returns

Last summer we told you about an IRS agent who threw a temper tantrum after threatening to kill Treasury Agents they showed up to search his home.

Just briefly refresh, after the agents stopped Albert Bront from going back into his house, where he kept three loaded guns (no doubt they were Remingtons), he was shoved into the back of the car where “he kicked the front seat of the law enforcement vehicle and pounded the door with his elbow.”


Besides the small matter of telling Federal Agents that ‘I’m Going to Kill All of You!’ Bront has also been indicted for filing false returns and helping others file false tax returns. Web CPA reports that he is convicted on all 16 counts in the indictment he faces 55 years in adult prison.

While we are firmly against the violence, we fully support seat kicking, foot stomping, pouting and all around conniption fits for those that feel wronged by the IRS. At the very least, it’s more effective than marching on the Internet.

IRS Agent Indicted for Threatening Investigators [Web CPA]

IRS Checks Sole Proprietorships Off Its “To Audit” List

This morning we shared some best practices on how to keep your ass out of hot water should an IRS audit befall you. The concern is that the government spending is out of control, huge deficits yada yada yada, the IRS will be knocking on more doors.


For the most part, everyone has been covered – large corporations, millionaires, possibly temptresses, the list is thorough.

Well, now it appears that the last entity type standing, the sole proprietorship will join the rest as an IRS target. IRS-criticizer-in-chief J. Russell George’s TIGTA issued another report but this time it cites sole proprietorships for “$68 billion of the $345 billion tax gap in 2001,” in underreported income. Web CPA reports George’s thoughts:

“Sole proprietors who underreport their income can create an unfair burden on honest taxpayers and diminish the public’s respect for the tax system,” said TIGTA Inspector General J. Russell George in a statement. “It is imperative that the IRS institutes policies to address this problem.”

How’s this for addressing a problem? The Internal Revenue Code, you my have heard, is mind-numbingly complex. Sole proprietorships, out of all the entity structures, are the least equipped to ensure compliance with the tax law. Auditing more of them will not result in increased compliance but rather enormous costs to their businesses. As for “diminish the public’s respect for the tax system,” didn’t that ship sail ages ago?

IRS to Step up Audits of Sole Proprietors [Web CPA]

Things That You Should Not, Under Any Circumstances, Do If You’re Audited by the IRS

In case you’re illiterate or generally ignorant about the reputation of our government, you know that there’s a ginormous deficit that our Congressional representatives like to crow about ad nauseam. And because squawking will only get you so many votes, many in Congress have decided that tasking the IRS (and thus setting up an easy scapegoat) with scraping together more revenues.

Accordingly, the IRS is not only hassling people for their milk money but they are also ramping up the number of audits of wealthy individuals.


The Journal warns us about this increasing number of financial DREs, noting that many rubes get the notice in the mail, freak the hell out and cut a check to the Treasury. However, if you’ve got a solid case against the Service or balls of concrete, than there are some tips that you would be wise to heed:

“Hire the wrong tax preparer” – If your tax pro had the unfortunate luck to get swept up in Operation Brass Tax, then you’re obviously in bad shape. If you’ve got the means, don’t cheap out on the Mom & Pop (sorry Moms and Pops out there) tax prep shop and find a qualified CPA, attorney or enrolled agent to guide you through this nightmare.

“The Ostrich approach” – The strategy of simply ignoring the IRS will work about as well as bulldozing your house.

“Frivolity” – In other words, the Irwin Schiff method. Arguing that the 16th Amendment to the Constitution is a one big joke never impresses the IRS or judges.

“Automatic Surrender” – You may be surprised to learn that the IRS is not the omnipotent federal agency that it may implicitly claim to be in its letter. Long story short, don’t just take them at their word, unless you’re the type that wants to pay more taxes.

Of course there are several other strategies that the Journal omits that you should want to avoid, including:

Violent Retaliation – No one wins here.

Claiming to be a celebrity – Fame has yet to prove an effective deterrent to IRS nagging.

Cry about it – The IRS, while sympathetic, will not be swayed by tears.

While everything listed above is tempting, we advise getting professional help and it probably won’t hurt to keep the proceedings cordial.

How to Fight the IRS [WSJ]

Panic Isn’t Necessary if Your Tax Preparer Got Swept Up in “Operation Brass Tax”

With less than a week until April 15th, it’s safe to assume that some people are finally getting a tad anxious about the upcoming deadline. If you live in New York and happen to be one of these procrastinators, it may be wise to check with your tax professional, not only because they hate it when you show up on the 13th – 15th with nary a clue about what you earned in 2009 but also because if you’re really unlucky, your tax pro instead was just total shiester and got caught up in “Operation Brass Tax.”


First off, we’ll just say that we’re not sure who at the U.S. Attorney’s Office for the Southern District of New York or the IRS’s Criminal Investigation Division was given the modest charge of naming this particular operation but it obviously sucks. We’re not expecting you have an imagination like JK Rowling or anything but guys, c’mon.

But enough with trivial matters, the main concern is that there are many New Yorkers that are completely going batshit crazy because A) they recently found out that their tax preparer was a robbing them blind and B) they have no idea how they are going to get their tax return filed in less than a week without help because reading the instructions is NOT. AN. OPTION.

Twenty-six phony tax experts in Manhattan and the Bronx have been charged by the SDNY/IRS for pulling a smorgasbord of scams including, “stolen identities of children to falsely claim them as dependents on clients’ returns; claiming “business losses” from fictitious businesses; using stolen identities, including Social Security numbers, of deceased individuals to list as the ‘taxpayers’ on fraudulent returns, and taking the resulting refunds themselves.”

All this chicanery has U.S. Attorney Preet Bharara upset because these tax professionals are supposed to be the good guys!

U.S. Attorney Preet Bharara and IRS Special Agent-in-Charge Patricia Haynes unsealed charges Thursday against the tax preparers. Sixteen were in custody, four had been previously charged and face new charges, and six remain at large. “Professional tax preparers are supposed to be gatekeepers, not facilitators of fraud,” said Bharara in a statement.

Some might argue that this is just another reason why regulating tax preparers is the best idea the IRS has ever had. Of course then you remember that these regulations will probably drive these tax prep lemonade stands underground anyway.

While that’s another matter entirely, there’s no cause for concern. There’s plenty of tax gurus in New York like the guy who got mixed reviews on Craigslist. If venturing to Queens isn’t a solution then you can always, you know, file the extension.

26 NYC Tax Preparers Charged with Tax Fraud [Web CPA]
More New York Tax Trouble:
Investigation Reveals that 30% of Tax Preparers in NYC Lied About Rapid Refunds

After Coasting Through Tax Season, Some IRS Revenue Officers May Have to Start Doing Actual Work

While we’re typically not ones to speculate on the difficulty of any particular job (e.g. CEO of a Big 4 firm) the Treasury Inspector General for Tax Administration (“TIGTA”) probably has the easiest job on Earth.

As far as we can tell, the TIGTA is responsible for criticizing the IRS on, well, pretty much everything that the Service does wrong and then the IRS agrees that they suck and promises to do better.


And if you’re going by the TIGTA website we’re more or less correct:

“TIGTA promotes the economy, efficiency, and effectiveness in the administration of the internal revenue laws. It is also committed to the prevention and detection of fraud, waste, and abuse within the IRS and related entities.”

We’re assuming that Doug Shulman probably agree with our assessment but that guy doesn’t even like pizza, so who cares what he thinks?

Anyhoo, the latest Monday Morning QBing from the TIGTA is that some of the Service’s senior revenue officers are basically sitting around with nothing to do. Web CPA reports:

Senior revenue officers at the Internal Revenue Service who are supposed to handle more complicated tax cases oftentimes don’t receive any work assignments, according to a new government report…

The relative lack of work for the senior revenue officers to do occurred because there is no systemic means for IRS managers to identify the most complex cases, and the criteria for identifying complex cases are subjective and inconsistently interpreted.

So you’re a senior revenue officer with 5-6 years (?) on the job. You’ve got this gig pretty much figured out. Not only do you know the ropes, you make the fucking ropes. Your manager has suits from DC so far up their ass about collecting every dime available that they can’t see straight, so they just want you busy do anything.

You, being a reasonably lazy (and realistic) person, aren’t going to kill yourself. If you’ve got the choice of picking up a 1040 that’s hundreds of pages long versus a 1040EZ that has fewer pages that a Tony Alamo pamphlet, you’re going to pick up the 1040EZ.

Well now J. Russell George is slapping those managers around with a report deeming this unacceptable which may mean that your slacking days are over:

“I am troubled that IRS managers are not providing employees with work assignments that they are ready and able to do at a time when it is incumbent on the IRS to be as efficient and effective as possible,” said TIGTA Inspector General J. Russell George in a statement.

JRG is recommending that the IRS improve it’s methods of identifying more complex cases (that the IRS naturally agreed with). We think a tax return thickness analysis is a decent place to start.

IRS Revenue Officers Don’t Have Enough to Do [Web CPA]

It’s About Time a Race Car Driver with a Drug Problem Got in Trouble with IRS

Among the celebrity/athlete tax delinquents we get a decent variety – hip–hop artists, topless girl magnates/douches of the decade, juiced-up baseball players, washed-up actors, people stupid enough to have their picture taken in a Nazi visor and doing the “sieg heil.” It’s a potpourri.

Well, today we’re happy (not literally happy, tax delinquency is not a laughing matter) to report that tax troubles have now found their way into new area of the celebrity culture: race car drivers. And not just any race car driver, one that is rumored to have used meth! Lots of it!


We’re not too familiar with Jeremy Mayfield’s problems but after a quick glance at one article we’ve learned that A) he’s not crazy about NASCAR leadership B) dude has done a fair amount of crank in his day C) he’s not a fan of his “whore” stepmom who, he says, killed his Dad.

Between the work trouble, drug trouble and family trouble J May’s brain has to be mush; of course he’s going to forget to pay $300,000 in taxes. This is no different than the Snoop Dogg tax situation. Sure the drugs are different but the principle is the same. The guy just needs a solid CPA to take care of these things for him, preferably one that isn’t easily sketched out and can handle paranoid junkie types with money to throw around (assuming there’s money left).

Mayfield Has A Bigger Foe Than NASCAR: The IRS [SpeedTV]

Some New Jersey Taxpayers Can Put Off That 1040 For Awhile Longer

Are you dreading April 15th North Jersey? Thought so. With just over a week to go until deadline, it may have crossed your minds that you should start tearing your house apart for that W-2.

Well, you can postpone the treasure hunt for now because the IRS is showing mercy on you for the Biblical rainfall that poured on the Garden State last month.


The IRS announced on Monday that they are delaying the filing deadline “for taxpayers who reside or have a business in the disaster area. This includes the April 15 deadline for filing 2009 individual income tax returns, making income tax payments and making 2009 contributions to an individual retirement account (IRA).”

The counties declared a disaster area by the POTUS include Atlantic, Bergen, Cape May, Essex, Gloucester, Mercer, Middlesex, Monmouth, Morris, Passaic, Somerset, and Union and thus qualify for the extended deadline, which is now May 11th.

New Jersey makes the third state allowed a prolonged procrastination period, joining counties in Massachusetts and all of Rhode Island.

Don’t try to get cute though, Garden Staters, if you’re thinking you can falsely claim residency in one of the affected counties, the IRS will be all over your shit, “IRS computer systems automatically identify taxpayers located in the covered disaster area and apply automatic filing and payment relief.” So appreciate the compassion if you can get it but don’t get any ideas; the IRS is still watching.

New Jersey Severe Storm and Flooding Victims Have Until May 11 to File Their Tax Returns [IRS.gov]

IRS Commish: We’ll Send You a Letter if You’re Uninsured, Not Heavily Armed Agents

This is disappointing on a multitude of levels. On the one hand, the notion of thousands of IRS agents running around the country, kicking doors is kind of exciting.

On the other, if crazed tax-haters can’t threaten the lives of IRS Agents who can they threaten? The census only occurs once every ten years and threatening to gun down OSHA employees just doesn’t seem to be as effective.


Doug Shulman spoke at the National Press Club yesterday and assured everyone (despite what Dave Camp or Ron Paul says) that agents will not be storming your house packing heat if you don’t purchase insurance. The IRS will be counting on insurance companies to help them run identify those who are skipping on the required coverage.

He said insurers eventually will be required to file a document similar to Form 1099 used by financial institutions to report investment income. The agency will send letters to the uninsured notifying them fines could be deducted from their tax refunds for refusing to comply with the new law, Shulman said.

“These are not the kinds of things we send agents out about,” Shulman said. “These are things where you get a letter from us.”

We imagine the letter won’t be particularly friendly but it’s a far cry from jack-booted thugs pointing firearms at your head.

Shulman Says IRS Has Few ‘Punitive’ Ways to Enforce Health Law [Bloomberg BusinessWeek]